>> bret: ingenuity. thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. >> shepard: this is the fox report. tonight, a cabinet shuffle, we are getting new clues about who could be on the president's short list. plus, more world powers warn syria do not use your chemical weapons. >> if the assad regime makes the tragic mistake of using chemical weapons or fails to secure chemical weapons, there will be consequences. >> shepard: tonight, the latest warning at the white house aimed at the syrian regime. how far is is washington willing to go. plus, word of a new attack in

the syrian capital that reportedly wiped out a classroom full of kids. the nfl murder-suicide. the mother of belcher talking about what her son did after he killed his girlfriend and what the kansas city chiefs say they knew about his problems before he shot himself in the head. manhunt in times square for the guy accused of pushing a passenger in front of an oncoming train as witnesses stood in shock. >> you know, you almost heard like a thud. >> tonight, the horror that has shaken new york city. >> but first from fox this tuesday night, the world has just cranked up the pressure on syria. one day after the white house warned syria against using its chemical weapons, nato allies issued a similar message today saying that such action would not only be completely unacceptable but a clear breach of international law. hours ago white house press

secretary jay carney says he thinks syria's leaders have gotten the messages. >> it's hard for me to imagine that they are not fully aware of the seriousness of the president's position on this, the seriousness with which we would take the prospect of the use of chemical weapons. >> shepard: u.s. officials say they have recently spotted the syrian military moving around chemical weapons components. syria is believed to have enormous stockpiles of chemical weapons, gases that can kill people by raising blisters on their lungs or shutting down their nervous systems. as bashar assad's regime gross desperate the chances of him unleashing those weapons are growing. the fighting that began last year in syria has killed at least 40,000 people. if president assad gives the go ahead for the chemical weapons attacks it's hard to predict how many more would dyed. we have team fox coverage tonight jonathan hunt at the united nations first to james rosen at the state department and to james nato is taking steps to minimize the amount

landing outside of syria. >> that's right, shep. the foreign ministers of the military alliance gathered in brussels today and announced there that they have approved a request made by member state turkey which asked for u.s.-made patriot antimissile batteries to be installed along its southern border syria. the ministry made clear the systems are purely defensive. germany and netherlands are supplying the pac three model as soon as their respective parliaments approve the deal which is expected to come soon. >> when that exactly will happen will depend on a number of practical issues that will be sorted out in the very near future. so i can't give you an exact date but i will tell you that the actual deployment of missiles will take place within weeks. >> hundreds of nato troops will also be deployed to install and operate these antimissile weapons but it doesn't appear right now that they will be u.s. troops, shep. >> shepard: sheriffs clinton

was at that meeting in brussels. she aimed her words about the syria crisis at another country. >> yes. the secretary directed her comments to russia. she emphasized that the stain legs of these patriot systems in turkey is not meant to destabilize nato's already uneasy relationship with moscow. back here at state chided the russians for skipping upcoming crisis meeting on the syrian conflict. >> we want to see obviously, you know, russia come around to the point of view of the international community with regard to what's happening in syria. you know, we want to work with russia as we have said many times from this podium on the basis of the geneva action group's communication. >> clinton is expected to meet with her russian counterpart sometime in the next 48 hours, shep. >> shepard: meantime syrian rebels are taking their fight to the capital of damascus. move aimed at putting additional pressure of regime

and hitting the heart of president assad's power. that strategy is coming at a bloody cost. witnesses say a mortar slammed into a ninth grade classroom in a damascus suburb. state media early reported 30 dead. killed 13 children and a teacher, the latest innocent victims of an uprising that has tossed a country into chaos. team fox coverage continues now. jonathan hunt at the u.n. jonathan, this looks like the beginning of an end game to many. >> yeah. it certainly does. the rebels have clearly taken the decision within the past week that they cannot bring about the downfall of the assad regime without taking the battle directly to the capital damascus. they do not, however, yet have the fire power to win in one big final assault. so this is likely to be a war of attrition within damascus itself and president assad has gathered his hot best trained troops around his strong holds within the capital so this may

well go on for days. butng to a lot of experts, the pressure on president assad is growing day by day. and that is why there is the concern about the use of these chemical weapons because they say in many ways now, president assad is like a cornered rat. shep? >> shepard: jonathan, still so many questions about what happens after assad. >> yeah, and that's one of the problems here for the international community. we have heard again and again just how many factions there are among the rebels. how many moderates there are. how many hard line islamists there are. the fact that there are al qaeda fighters there as well. so when the president assad goes, in everybody accepts it is a question of when. the question is what happens next and many are predicting a blood bath will follow as all those competing groups try to gain the upper hand and get power in what will obviously be something of a power vacuum when assad goes. once again, it raises the

question of those chemical weapons and who might control them after assad becomes a part of history, shep? >> shepard: jonathan hunt wrapping our coverage from the united nations. well, 28 days to go until tax cuts expire for most americans if president obama and congress can't cut a deal to keep us from going off the fiscal cliff. the president says the latest republic offer is out of balance because it extends tax cuts on income of above $250,000. g.o.p. leaders claim they can raise revenue without raising rates by closing loopholes and limiting deductions. but the white house says it's about the rates. ed henry is at the white house tonight. the president claims the republic math does not add up. >> that's right, shep. he met with the nation's governors today. he said behind closed doors that there is a lot at stake not just for the national economy but state by state. some of their budgets could take a major hit if, in fact, the nation goes off the so-called fiscal cliff. his spokesman jay carney was even tougher in going after

speaker john boehner's latest proposal in saying it simply doesn't add up. >> we don't know who pays. we don't know what we're talking about in terms of actual legislation to increase revenues. it's magic beans and fairy dust. >> the bottom line is the president and speaker boehner have not spoken now in several days. so there is really no signs of progress. there has been some discussion that look that's just happening in public. behind closed doors maybe they are gaining some ground, i have spoken to some top white house officials tonight some top republicans on the hill they say in private they are not making progress either, shep. >> shepard: republicans say they have offered some compromises. >> they have in the sense that speaker boehner with his policy late yesterday put $100 billion in new tax revenue on the table. that was a concession by him but not far enough as you noted for the white house because the white house wants him to not just raise tax revenue by limiting intuctions and loopholes and the like.

they want to see tax rates go up but republic leaders on the hill are saying look, we have already gone far enough. take a listen. >> republicans have moved a great deal. who was the first person right after the election was the speaker who went down and provided the revenue that's something you had not heard of before. when has this president offered any of the spending cuts? i think that's where the holdup is. >> it all started with the president putting an offer on the table late last week then speaker boehner last night so you would expect a counter offer to the counter offer from the white house. nope. inside the white house they are saying they don't take boehner's plan seriously enough to each do some sort of a counter offer. that's where we are tonight. neither side wants to put a new plan on the table. they are making progress right now. >> shepard: ed henry at the white house. the president may reach across the party line. former republic senator chuck killing a is on the short list to replace leon pa net attachment the nomination will come in the next two weeks

along with the president's pick for secretary of state. on that matter the u.n. ambassador susan rice is considered a likely choice to replace secretary clinton. today president obama expressed confidence in her despite strong opposition from some in the g.o.p. more on that coming up inside fox report. meantime, bloomberg news is reporting after an interview with the president that he is considering the vogue editor and chief for ambassador to either the united kingdom or france. those are the kind of alabamaships that go to big donors she has been one of the top political supporters and fundraiser. asked jay carney about this report today he neither confirmed or denied. the nfl player who murdered his girlfriend and then killed himself apparently spent some time before the crime at another woman's apartment. details on that and what his own mother says she saw him do on the day that ended in blood. and word police here in new york city have now caught the suspect who is accused of pushing somebody right in front of a subway.

and wait until you hear where they found him. that's ahead from the journalists of fox news on this tuesday fox report. can i help you? i heard you guys can ship ground for less than the ups store. that's right. i've learned the only way to get a holiday deal is to camp out.

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>> shepard: the kansas city chiefs linebacker who murdered his girlfriend and killed himself kissed her on the forehead as shely what fatally shot and told her he was sorry and he did so as his mother watched in horror. that's according to investigators today. the cops say javon belcher shot cassandra perkins nine times. she was the mother of the couple's three month old child. they say he then drove to arrowhead stadium and shot himself in the head right in front of the chief's coach and general manager. now we have also learned that hours before all of that, cops found this football player sleeping in his car in front of the home of another woman who he claims was also his girlfriend. trace gallagher with the news live from los angeles. how did it end up in front of the other girlfriend's house? >> well, after javon belcher

shep came home from the nightclub friday night his girlfriend cassandra perkins did not get home from her concert until 1:00 in the morning. they had an argument. that's when javon belcher got in his bentley and drove to his other girlfriend's house. he fell asleep. she opened the door and let him in. eremained there for the rest of the night. at 6:30 in the morning he finally went home. when he got home at 7:00, that's when the fatal final argument began and, of course, the kansas city chiefs knew all along that he was involved in a troubled relationship because they were offering them couples counseling before javon belcher shot himself he told the g.m. that the counseling wasn't enough, shep? >> shepard: he had another violent incident a few years back, right? >> also involving a woman. this was back in 2006 when javon belcher was at the university of maine. campus police were called to a domestic incident at on campus housing. when the police officer arrived he said, quote: i

found javon belcher being treated. the injuries consisted of possible seferred thumb and lacerations to the wrist. i was told belcher was upset over a girl and punched a window out. we also confirm that belcher owned a number of give guns. he used one to kill his girlfriend and another one to kill himself. investigators say alcohol may have been a factor in this. but when police came in contact with javon belcher at 2:30 in the morning in his bentley they said at that time he was fine to drive. shep? >> shepard: trace gallagher live tonight, thanks. cops here in new york say they have caught a man who is accused of pushing somebody right in front of a subway train. they found him just a block away from where the attack happened. it all went down yesterday right in times square just around the corner from our building here. a bystander recorded a video of an argument between two men on that platform. >> leaf me [bleep] alone. take your [bleep], [bleep], stand in line wait for the

train. >> the man on the right is the suspect. all sorts of different stories about why they were arguing. one witness said the suspect was deranged. the victim was trying to calm him down. according to the "new york post" which our parent company owns another witness told police the victim started things but it all began, no matter how, we now know how it ended. witnesses say the suspect hurled the 58-year-old father on to the tracks and as passengers watched a train started pulling into the station. people waved their hands to try to get the driver's attention. somebody was snapping a photo. but the subways here often come in quickly, slowing down only at the end and in this case the driver couldn't stop in time. >> i saw the train pull into the station about three quarters into the station. you know, you almost heard like a thud, wasn't sure if it had anything to do with the man being struck. that's when you heard people yelling, people running out. >> well, the train crushed the man into the platform. a doctor at the scene told the "new york post" she tried to save him but there was nothing

she could do. detectives examined surveillance images for clues suspect's identity. they reportedly found him with some street vendors around the corner from that subway station. police say they are now questioning him. demonstrators in egypt today stepped up the protests and took the battle with police to the front door of the presidential palace. and as the rocks flew and the tear gas sprayed. there is word that the nation's power hungry new president made a hasty retreat out the back door. a live report on that next. plus, a new twist in the manhunt for the eccentric compute imagine nate the millionaire software guy john mcafee the man who is wanted for questioning about a murder of his neighbor. now there is word he plans to give a big news conference tomorrow. so what would this have to say? that's ahead.

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shown shep protesters in egypt cranked up the security barricades right outside cairo's presidential palace. according to the reporting of the associated press the egyptian president mohammed morsi had to sneak out the back door to avoid the crowding. this is a live look at demonstrations in cairo. hundreds of thousands have gathered night after night. rallying against president morsi's recent power grab. allies draft constitution one which would help him tighten his grip on power. earlier tonight it was far more chaotic. this was the scene outside that palace. police fired tear gas to try to break up the crowd. some reportedly chanted freedom or death. others down with the sons of dogs.

they say they are not going anywhere unless and until the president cancels his plans to place himself above the law. steve hair tan live for news cairo. steve? >> shepard, this is really a new tactic for the opposition protesters. instead of simply staying here in tahrir square and chanting they went on offensive tonight toward the presidential palace. they got right to the compound walls until being tear gassed. it was reenergized the opposition. we have seen increase in recent days now they are out in full force. one factor to keep in mind about the demonstrations today, there were no serious injuries reported. despite the scenes of chaos, both sides evidently still using some restraint. next on the agenda of vote december 15th on a constitution heavily criticized as a rush job that favors islamist parties. it's clear the muslim brotherhood will try and get out a strong yes vote on that constitution. what's not clear is the

opposition's tactics. will they try to get out a no vote or will they abstain considering the whole process unjust? shepard, back to you? >> steve harrigan live tonight in cairo. the former new york city mayor ed koch is in the hospital tonight. his spokesman says doctors are treating him for res infection. it's his second hospital stay in the past three months. the democrat and native i should say of the bronx ed koch represented new york as a congressman for nine years. then served as behavioral of the big apple from the late 1970s through all of the 1980s, he later appeared as a television judge on the people's court. he became famous for straightforward style asking locals how am i doing? he is in the hospital tonight, ed koch 87 now. president obama says he will choose the next secretary of state. is he responding to some republic senators who say the u.n. ambassador susan rice is not qualified for the job. the iranians claim they have captured another iranian spy plane, even showed the things off on their televisions

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crews implode parts of the bridge near st. louis. it's part of a 63-million-dollar construction project. transportation officials say they are rebuilding or replacing about three quarters of the 54-year-old span. at least 40 people are dead as a typhoon tears through island nation and tops our news around the world in 80 seconds. philippines. winds that topped 100 miles per hour uprooted trees and pounded villages across the south. local media reports dozens drowned as rainwater rushed into a valley and engulfed an emergency shelter. flash floods also swept away soldiers and villagers in a military truck. more than 40,000 people evacuated the region. south after if i africa. hundreds battled in a vineyard western province. workers blocked streets with flaming barricades. it's part of a protest to demand better pay.

authorities fired rubber bullets and arrested several demonstrators. australia, a heat wave sparked brush fires across parts of the east coast near brisbane. yous fought flames as temperatures climbed to 100 degrees. some of the fires burned homes. some weather stations reported hottest november days on record. japan. it's a holiday cake you and your dog can eat together. a pastry chef is baking the treats in tokyo. his recipe use as special pet friendly flour and leaves out chocolate and alcohol. some of the cake costs more than 70 bucks a slice. that's a wrap on this fox trip around the world in 80 seconds. >> i'm shepherd smith. this is "the fox report." bottom of the hour, time for the top of the news. president obama says he won't

let critics of the u.n. ambassador susan rice keep him from nominating her for secretary of state. he claims so far he hasn't chosen anybody to replace secretary of state hillary clinton. but he says ambassador rice has done a great job at the u.n. and it will be his decision. >> i don't really spend a lot of time on, you know, what folks say on cable news programs attacking highly qualified personnel like susan rice. >> shepard: well, some republic senators say they cannot support ambassador rice right thought because of her comments five days after the attack on the outpost in benghazi. the attack killed the u.s. ambassador to libya chris stevens and three other americans. intelligence officials say they gave ambassador rice the talking points she used on the sunday shows and they took out the references to al qaeda. the "wall street journal," which our parent company owns, reports more than two dozen agencies helped edit those talking points. officials tell the journal the cia made the call to remove

the al qaeda references. why? to protect intelligence sources. according to the reporting of the journal, the fbi agreed with that decision but some state department officials said it made the talking points too vegas. now fox news has learned the director of national intelligence plans to give a classified briefing on benghazi tomorrow for the entire house of representatives. for the rest of the story, catherine herridge with us from washington now. catherine? >> shepard, tomorrow on capitol hill, a second round of closed classified briefings for all the members of the house of representatives, nation's top intelligence officer among others. lawmakers want more definitive information on the level of premeditation by the terrorists and how early it was known. >> the question is how much planning went into this? was it months in the works? was it cobbled together quickly within a matter of a few hours? it makes a great difference in terms of the responsibility as well as the vulnerability of our facilities elsewhere. >> and the senior military commentator for africa speaking publicly for the first time for benghazi warning one of the two groups

blamed for the consulate attack is getting stronger. >> in the islamic, we believe as al qaeda's best financed affiliate deriving their money kidnappings for ran some from ininvolvement in the drug trade in other illicit trafficking as things as fuel and tobacco and what have you but they have a lot of money. now they have a lot of weapons. >> nearly three months after the attack at benghazi the lone suspect in custody a to your knowledge man has not -- tunisia man was not been interviewed. he will not talk to the bureau unless he has legal representation with him. a top official says there are good reasons for this delay. >> taking longer than probably a lot of people expected because of the changes in the regimes. tunisia, libya and other places, now you have to deal with new rules and new

regulations and new people. >> the fbi has not offered any comments citing its pending investigation. shep. >> shepard: catherine herridge live in washington. iran claims it has once again captured a u.s. spy drone but this time the u.s. navy insists no drones in the region are missing right now. the iranians say the scan eagle drone as they call it flu flew into its airspace. iranians claim this is the video evidence. they reveal how they quote the video or captured the drone. iranian regime made similar claims regarding the stealth zone still unclear when it captured it or crash landed on iranian territory. either way the new drone is said to be far less sophisticated. the pentagon points out several countries used the scan eagle so theoretically it could be almost anybody's. david lee miller is live in jerusalem. david lee? >> that's right, shepard, the

u.s. navy says two of iran's neighbors the uae the united arab emirates as well as kuwait have scan eagle drones. it's very possible the drone that iran is claiming to have in its possession could have come from somewhere in the neighborhood. so, as of now at this hour, there is still a mystery as to where this drone came from. the u.s. says that all its drones in the region have been accounted for. in the past year they have been lost in the water. it happened as early as october. it came apart on impact as it is designed to do it sank. even if iran has the boeing made drone it is not a big security concern. this particular drone was developed originally to keep an eye on fishing boat to make sure they were capturing tuna and not dolphins. it's a flying camera and transmitter. behalf the iranians have they do want the world to know two members of the elite revolutionary guard inspected the dwight on state tv and iranian general recognizance when captured.

if some of it sounds familiar almost a year ago to the day that they brought down cia drove by hacking into g.p.s. this other drone had the capability to gather not only images but data as well. the u.s. has asked for it back. iran has refused and now iran is claiming it it has recovered secret information. following today's claims by iran and iranian commander is now saying that if u.s. drones once again enter iranian airspace, there is going to be a more aggressive military response. turns out eccentric john mac fee was telling the truth. he has alluded police and he has he is belize have been trying to capture the millionaire founder of the mcafee antivirus company. they say is he a person of interest at minimum in the death of his neighbor last month. that neighbor claimed about mcafee's dogs. then somebody poisoned mcafees

dogs and then somebody killed that neighbor. today the associated press caught up with mcafee in guatemala city. he had claimed in a blog posting that he had escaped belize but until now there was no way to be certain that was true. >> there is no -- >> i chose guatemala carefully. >> shepard: mcafee says he is innocent and he plans to ask for asylum in guatemala. he is worried authorities in belize will kill him if he returns. we expect to hear more from him during a scheduled news conference tomorrow. we have reported on the exit polls that show governor mitt romney captured less than 30% of the latino vote on election day. years earlier former president george w. bush or bush 43 won much higher support among that demographic. now he has some advice on how the g.o.p. can regain its footing. plus, the navy's blue angels

working to ensure that every kid gets presents this holiday season. even children whose neams were right in the path of super storm sandy. we are live on the ground in jersey. that's next. i've worked hard to build my family.

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former president spoke about immigration in dallas george w. bush institute put out a report says immigrants more likely than people born in the united states to apply for pat tenths and start businesses. >> america is a nation of immigrants. immigrants have helped build the country that we have become. and immigrants can help build a dynamic tomorrow. >> shepard: president bush won 40% of the latino vote in 2004. this year governor romney won less than 30%. now some republicans are saying it's time to make some changes.

casey stegall in dallas tonight. benevolent immigration reform. >> yeah, exactly, shepard. he says america can be both a lawful and welcoming society all at the same time. he asked as this country moves forward with the controversial immigration debate that people do not forget about the contributions made by immigrants especially when you consider that they now make up 16% of the total civilian workforce. >> they fill a critical gap in our labor market. they work hard for a chance for a better life. >> now, it's estimated there are 40 million immigrants now calling america home, shep. >> shepard: this is sparking new debates on the political front, isn't it? >> yeah. especially among republicans because as you know the g.o.p. starting to realize just how important the hispanic vote is in the wake of this last general election because

according to the pew hispanic center a whopping 67% of latino voters are democrat. >> so when it comes to issues like the economy or immigration, we see hispanics seeing the democratic party as the party that is more in line with their views. >> and that is the main reason, that is the main reason why g.o.p. leaders are saying something has got to change. they have got to change their strategy, shep. >> shepard: casey stegall in dallas tonight. the first president bush is doing better but is he still in the hospital tonight. that's a word from doctors in houston. they say george h.w. bush, bush 41 has been fighting a cough caused by bronchitis and they don't want to send him home too soon. the former president is 88 years old. he has been in the hospital since the day after thanksgiving. former senator bob dole made a rare visit to capitol hill today. appearing frail to observers after recent hospital stay. he is 89 now. he was in d.c. to rally treaty for disability rights.

his service in world war ii left his right arm permanently disabled but the former g.o.p. leader could not convince his fellow republicans to accept the treaty. they claim it would give the u.n. too much influence on u.s. policy. the measure failed five votes shy of the needed two thirds majority. the head of fema says the agency will not run out of money for victims of super storm sandy until next spring. he says so far the feds have given out about $2 billion. and he claims there is almost 5 billion left in the disaster fund. but officials in new york and new jersey plus connecticut have asked for more than $80 billion. lawmakers in states hit hard by the storm are calling for an emergency spending bill but some republicans are demanding spending cuts to offset the extra disaster relief. and toys are on the way for many kids in the hardest storm areas. it's part of a special delivery from the u.s. navy's blue angels. you probably know them from their aerial stunts. but this time of year they load up the giant super plane, a support plane of sorts, known as fat albert with gifts

for the annual toys for tots program. this year the blue angels stopped in alabama after tornadoes leveled homes and businesses across the state. this year the toys are head to the northeast coast. jonathan serrie rode along today. is he live on the jersey shore. aside from the humanitarian goal this is certainly pretty good p.r. for them. >> yeah, it really is the blue angels everyone knows them as the very public face of the navy and marines when it comes to their air baltic show. but also this humanitarian operation has made a very big impression particularly on some of the families who showed up to greet the plane as it arrives here in new jersey. listen. >> i really like into the military and everything so it was awesome meeting everybody and getting to talk to everybody and also getting the presents. >> 11-year-old coal sabey how saw there. his father is a firefighter

who was busy helping others during super storm sandy while his own home was taking on water. he now receiving some help from the blue abe gels and his two kids there receiving gifts toys for tots, shep? >> shepard: blue angels helping out local charities around here, huh? >> yeah. a lot of the charities here along the jersey shore were overwhelmed this super storm sandy came through here. they really shifted their focus on bringing a central supplies, food, water and shelter to people affected by the storm. the annual toys drive that they would hold they really took a backseat, so the blue angels are filling that gap and providing many toys for kids who might not have otherwise gotten them this year. one scenesberg new jersey woman tells us it is enabling her to provide christmas gifts for her three grandchildren. listen. >> nothing like having a smile on a child's face on christmas morning when they start tearing open presents and it's

exactly what they want. >> gail dennis received her toys for tots local nonprofit called paul and other charities being benefited by the efforts of the blue angels, shep? >> shepard: jonathan serrie tonight keansburg, new jersey. california they have major weather problems on their hands. more rain on the way. destructive flooding slamming the reason a live report next. plus the drink marley's mellow mood. it's supposed to reduce stress. it's not for kids but tended up on the menu at a middle school and things -- they didn't go well. y have to use special care in keeping the denture clean. dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. polident is designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria

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>> shepard: extreme weather center and another alert taking place. area soaked with some two feet of rain in some areas. this system moving into california right now. fourth storm to hit that area in a week. serious flooding, washed out roads surrounding homes in low lying areas. strong winds threw trees into houses and cars, brought down power lines. at one point left continues of thousands of customers in the dark. now as folks there start to try to clean up, big fears they will have to do it all over again. claudia cowan with the news live in the bay area. i believe it's lafayette, california. claudia, they already have quite a repair job out there. >> you know, it's a pretty dicey situation out here tonight, shepard, with the rain now starting to fall in the city engineers working as fast as they can to patch up this massive sink hole that opened up in this are neighborhood in lafayette 20 miles east of fran on sunday. this sink hole is 80 feet long and 15 feet deep.

they will install a temporary storm drain just to get through this next system moving in tonight but a long-term fix may not come into the spring. >> it's a little terrifying. but i know that people are working on it. and i have got confidence in the city to take care of it. >> the good news is that everybody who lives in the vicinity can still get to work or school by taking just a short detour of about a block and a half. >> another road collapsed in santa cruz county where some areas saw 15 inches of rain over the past week. we are still waiting to hear about damage estimates. shepard, so far no california counties have declared emergencies but that could change. >> shepard: what are the first alert forecasters saying to expect with this next storm? >> well, it won't be as wet or wendy as the last three. first alert forecasters calling for between 1 and 5 inches. we are not expecting to see any major flooding but this ground is saturated and that means that unstable trees

could topple over on to property and power lines, more than 350,000 utility customers about lose power during the recent string of storms. most now but shepard it's likely many folks in northern california are keeping their flashlights handy in case storm number 4 gets nativitiy. >> shepard: looks like you are losing a signal. be careful out there. a zombie fest at a middle school. that's the way one student describes the scene after a mood relaxer somehow ended up on the cafeteria menu. it happened at a school in northern new jersey. officials say there several kids got stick after drinking anti-energy drink. they call it marley's mellow mood. a reference to the late reggae icon, of course, the label claims it uses all natural ingredients to help people chill until the next episode. instead, kids at the school say it created a panic. >> some people like spit up and threw up. >> very drowsy and lethargic.

>> everyone was going crazy about the new drink and how it's like this drink is great and everyone was buying it. >> bill: and then they wanted doritos the drink's label cautions it is not for kids. now parents are asking why the school sold it to students as young as 11. school officials have now removed said drink. they blame the company that provides the food to the cafeteria. which blames marley. prince william left london hospital where his pregnant wife is now recovering from an apparent case much severe mourning sickness. the royal palace is several hours at kate's bedside today. the palace reports she is still getting treatment but is feeling better which explains his smiles. and the head of the future royal baby britain's deputy prime minister pledged to change a succession law to guarantee the child has equal rights to the throne regardless of its gender.

if a traveling circus technically owned your newborn, you might get emotional, too. next, a possible custody battle over this thing. with the fidelity stock screener, you can try strategies from independent experts and see wh criteria they use. such as a 5% yield on dividend-paying stocks. then you can customize the strategies and narrow down to exactly those stocks you want to follow. i'm mark allen of fidelity investments. the expert strategies feature is one more innovative reason serious investors are choosing fidelity. now get 200 free trades when you open an account.

>> shepard: there is a newborn elephant at the zoo that actually belongs to a traveling circus. breeding deal with elephant rental company called have trunk will travel. who knew? zoo officials say they will fight to keep the new calf there even if have trunk will travel remains its official owner. >> the ownership of the calf is not an issue. it matters where she lives. she lives at the oregon zoo. it matters how she is going to live. how is she going to live? with her family. this calf is here to stay. >> shepard: possession is. she says the company expressed no interest in taking the elephant. have trunk will travel did not respond to requests for comment. and on this day in 1827 a

british sea captain spotted the ship mary celeste one of the biggest mysteries. that ship left new york earlier headed to italy. the crew experienced but somewhere along the way they vanished. supplies and cargo untouched. the crews valuables still right there where they left them. the only thing missing one single life boat. to this day it sun clear what happened. theories abound everything from underwater earthquakes to sea monsters to ufo's and a ghost ship sailed into the twilight zone 140 years ago today. and now you know the news for this tuesday, december the 4th, 2012. i'm shepard smith. be we go loo alook at the lighting of the capitol christmas tree. john boehner gave an eagle scout the honor of flipping that switch. >> 3,